Land Holding Legislation and Regulations
The Hon. Derrick V. Burgess JP, MP, Minister of Labour and Immigration, is pleased to inform the public that the Bermuda Immigration and Protection Amendment Act 2007 and seven related Regulations come into force on Friday, 22nd June, 2007.
The commencement of this Act and the Regulations represents the first complete overhaul and modernization of Part VI of the Bermuda Immigration and Protection Act 1956 (the “1956 Act”) since the Act came into effect in 1956. It marks the culmination of the legislative process through which this Part was amended to bring into law what was the Government’s land policy and, in particular, to address the problem of “fronting”, by which means non-Bermudians have gained control over land in Bermuda either while avoiding the licensing regime or in defiance of the Government’s land-holding policy. Additionally, the Regulations ensconce in law certain administrative rules supporting Part VI of the 1956 Act.
The Minister wishes to take this opportunity to encourage members of the public, particularly non-Bermudians, who have an interest in land in Bermuda, to familiarize themselves with the new legislation and to ensure that they are compliant with the law. Specifically, attention should be paid to:
- The meanings of the terms: Appropriate, Financial assistance, Licensed land, Restricted person, Scheme, trustee
- The requirement to validate any existing licence to hold land
- The need to acquire a licence in the case where a person may now fall within the meaning of a restricted person
- The moratorium on selling unlicensed land to a restricted person
- The moratorium on the criminal prosecution of persons involved in a scheme to evade the land licensing régime
- The duty of restricted persons to obtain the Minister’s consent to take a mortgage on land situated in Bermuda
It is important to point out that this list highlights only certain key definitions and concepts and is not a comprehensive disclosure of all material definitions and restrictions under the new legislation.
Further, Minister Burgess indicated that the Department of Immigration would soon be releasing guidance notes that will be invaluable to interested parties in summarizing, in plain language, the intent and impact of the new legislation. When the guidance notes are completed, they will also be posted on the Department of Immigration website.
Questions arising out of the legislation, the Regulations and the guidance notes may be directed to the Chief Immigration Officer at mbrewer@gov.bm.
The new legislation can be downloaded below.
Bermuda Immigration and Protection Amendment Bill 2007
Bermuda Immigration and Protection Amendment Act 2007
The Government Fees Amendment Regulations 2007
The Bermuda Immigration and Protection (Licence Application) Regulations 2007
The Bermuda Immigration and Protection (Territorial Restrictions) Regulations 2007
The Bermuda Immigration and Protection (Minimum Annual Rental Values) Regulations 2007
The Bermuda Immigration and Protection (Rental and Use) Regulations 2007
The Bermuda Immigration and Protection (Designation of Eligible Condominium Units) Regulations 2007
The Bermuda Immigration and Protection (Land-Holding Charges) Regulations
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